SC declines to stay new law on appointment of CEC and ECs

The Supreme Court declined to stay the operation of the Chief Election Commissioner and other Election Commissioners Act, 2023, which does not include the Chief Justice of India in the panel appointing the Chief Election Commissioner and Election Commissioners.

New Delhi: The Supreme Court on Tuesday declined to stay the operation of the new law for the appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs) by a panel, which does not include the Chief Justice of India. A bench comprising justices Sanjiv Khanna and Dipankar Datta issued notice to the Centre on a plea filed by an NGO, the Association for Democratic Reforms.

Advocate Prashant Bhushan, representing the NGO, contended before the bench that the law is contrary to the constitutional bench judgment of the apex court, which had directed that the CJI be there on the panel that would appoint the CEC and ECs.

Bhushan stressed that two Election Commissioners are about to superannuate, and if the operation of the law does not stay, the plea will become infructuous. “Sorry, we cannot grant you interim relief in the matter. The matter of constitutional validity never becomes infructuous”, the bench told Bhushan. However, Bhushan pressed for an interim stay on the law. The bench said, “We know our parameters for granting interim relief…”.

The apex court listed the matter, along with other pending petitions on the issue, for hearing in April. The plea said the law was enacted in 2023 to fill the vacuum under Article 324(2) of the Constitution. “However, the impugned Section restores the earlier position of law i.e; appointment of Chief Election Commissioner and Election Commissioner would be done solely by the executive…”, said the plea.

On January 12, the apex court declined to stay the operation of a new law for the appointment of CECs and ECs by a panel that does not include the Chief Justice of India. The apex court had issued notice on these pleas. Two petitions have been filed in the Supreme Court challenging the validity of the new law on the appointment of Chief Election Commissioner (CEC) and Election Commissioners (ECs). The new law has replaced the Chief Justice of India with a minister in a panel to be set up for the purpose of selecting the CEC and ECs, which is directly in conflict with a judgment delivered by the apex court.

Madhya Pradesh Congress leader Jaya Thakur and one Sanjay Narayanrao Meshram filed a plea against the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Terms of Office) Act, 2023.